MEMBERSHIP AGREEMENT TERMS
CURRENT CHANGES TO OUR MEMBERSHIP AGREEMENT
Some changes have been made in our Membership Agreement within the scope of the Law on Protection of Personal Data No. 6698. Below you can find brief information about the changes made in our "Privacy and Cookie Policies", which have been amended within the scope of the Personal Data Protection Law.
Current Changes in Our Membership Agreement
• The "Cookie Policy" concept has been added to the Membership Agreement regarding the "Cookie Policy", which has been made a separate policy within the scope of the update we made in our Privacy Policy.
• By adding the definition of "Guest"* to the Membership Agreement, it is stated that necessary information can be obtained and processed in order to offer certain advantages to users who enter personal data without being a member of Agaoptik.com.
• The name of the "Privacy" item was changed to "Confidentiality and Protection of Personal Data" and a referral was made to the Privacy Policy regarding the rights of Agaoptik.com users within the scope of the Law on Protection of Personal Data and the purposes and ways of processing personal data of Agaoptik e-commerce.
You can review our updated Membership Agreement in detail below. You can access the Privacy Policy here.
MEMBERSHIP AGREEMENT
1. PARTIES
• 1.1. This membership agreement ("Membership Agreement") is located in Çobançeşme Mh, Fatih Cd. No:93/B, Bahçelievler - 34196 istanbul, Ağa Optik. ("DP") and the Member ("Member") to determine the conditions for the Member to benefit from the Services offered on DP's Website.
• 1.2. DP and the Member will be referred to individually as "Party" and jointly as "Parties" in this Membership Agreement.
2. DEFINITIONS
• Cookie Policy, which contains information about the cookies used in order to ensure the functional operability of the Website, to improve the shopping experience of the Members and to provide content suitable for the preferences and tastes of the Members in line with the information about their visit to the Website, and via the Website (https:// means the text that can be accessed (www.Agaoptik.com/general/privacy-policy).
• Privacy and Personal Data Protection Policy, which regulates DP's general privacy policy regarding personal data, including for what purposes and in what way DP will use the personal data that the Members transmit through the Website, and via the Website (https://www. Agaoptik.com/general/privacy-policy) refers to the text that can be accessed.
• My Account Page refers to the Member-specific page that can be accessed only with the username and password determined by the relevant Member, where the Member can perform the necessary actions in order to benefit from the various applications and Services on the Website, enter his personal data and information requested on the basis of the application. it does.
• Service refers to the services and applications offered by DP or the business partner determined by DP in order to enable Members and Visitors to carry out the business and transactions defined in this Membership Agreement.
• Virtual Market refers to the virtual area that DP has allocated to the Sellers in accordance with the DP procedures and rules on the Website and where the Sellers have the opportunity to post their advertisements consisting of content and images for the sale of one or more products and/or services.
• Refers to the legal/real person member who becomes a member of the Website within the scope of the Vendor Partnership and Advertisement Agreement made with Seller DP and offers various products and/or services for sale through the advertisements he/she has posted on the account he/she has created on the Website.
• Member means the real person who becomes a member of the Website within the scope of this Membership Agreement with DP and purchases the products and/or services offered for sale through the advertisements given by the Seller on the Website.
• Website refers to the website, mobile applications and mobile site with the domain name www.Agaoptik.com, which is owned by DP and offered by DP on the Services determined by this Agreement.
• Visitor refers to the real person who uses the Website without being a Member and benefits from the Services.
3. SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT
• 3.1. DP operates the website and is an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.
• 3.2. In accordance with the Membership Agreement, the Member wishes to become a member of the Website, to benefit from the Services and to purchase the products and/or services sold by the Sellers in the Virtual Markets on this platform.
• 3.3. The purpose of the Membership Agreement is to determine the conditions for benefiting from the Services and to determine the rights and obligations of the Parties in this direction. With the acceptance of the Membership Agreement by the Member, the Member may access the Services, usage, content, application and content on the Website. It declares and undertakes that it has accepted all kinds of declarations regarding the goods and the Members.
• 3.4. For the avoidance of doubt, this Membership Agreement is only between the Parties and covers the forms and conditions for the Services on the Website. The relationship between Members and Sellers is not covered by this Membership Agreement and DP is in no way responsible for the relationship between Members and Sellers. Members will be able to seek their rights against the Sellers within the framework of other legislation, particularly the Law on the Protection of the Consumer No. 6502, regarding the transactions they will carry out from the Virtual Market.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
• 4.1. In order to gain membership status, the Membership Agreement must be approved and the information requested on the membership page must be filled with correct and up-to-date information. The user who wants to become a member must be over 18 (eighteen) years old. The Member, who does not provide accurate and up-to-date information while filling out the Membership Agreement, is personally responsible for all damages that may arise due to this.
• 4.2. In the event that there is a dispute as to which person the Membership rights and obligations belong to, and the said persons make a request from DP in this regard, DP accepts that the last person to pay DP for any Service using the relevant Membership account is the owner of the Membership account, accordingly. has the right to act.
• 4.3. DP is not a seller of any product or service on its website, and only "intermediary service provider" in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and in accordance with the Law No. 5651 on Regulating the Broadcasts Made on the Internet and Fighting Against Crimes Committed Through These Broadcasts. due to being a "host provider"; It does not have any responsibility for the content on the website that has not been published by it, and it has no obligation to check whether the content in question is in compliance with the law. Although DP has no such obligation and at its sole discretion, DP has the right to control the content in question at any time and to disable access and delete it if it deems necessary. Persons violating the rights of DP or third parties with any visual, written and other content published on the Website are liable to DP and/or such third parties.
• 4.4. The Member states that the Seller is the seller and he is the buyer, in the distance sales contracts to be concluded in the purchases to be made from any Seller on the Website; DP is not a party to the said distance sales contract; therefore, it accepts and declares that only the Seller is personally responsible in all respects within the scope of the current consumer law legislation and other legislation. In this context, the Member is responsible for the quality of all products exhibited and sold in the Virtual Market, their compliance with the legislation, the issuance of a warranty certificate, invoicing and the delivery of other necessary documents and after-sales service required. accepts and declares that only the Seller is responsible for its services and the timely delivery of the products.
• 4.5. The Member accepts and declares that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Website, applicable legislation and moral rules in the transactions and correspondence he/she performs on the Website. The legal and criminal responsibility for the transactions and actions of the Member within the Website belongs to him.
• 4.6. DP, upon the request of the competent authorities pursuant to the current legislation, may share the information of the Member with the said authorities, if necessary in accordance with the Law on Protection of Personal Data No. 6698, by informing the Member in advance and in any case subject to the data transfer rules.
• 4.7. Personal data obtained from the Members during membership and/or shopping on the Website, forgery, fraud, abuse of the Website between Members and/or Sellers, in disputes that may constitute a crime within the meaning of the Turkish Commercial Code No. 6100, only with the requested subject. In order for the parties to exercise their legal rights on a limited basis, the relevant person may, if necessary, be informed in advance and in any case, subject to the data transfer rules, to other Members and/or Sellers who may be a party to the dispute, in accordance with the Law on Protection of Personal Data No. 6698.
• 4.8. The user name and password information required by the Member to access the My Account Page and to perform transactions on the Website is created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The member states that the transactions performed with his/her own user name and password are performed by him/herself.He accepts, declares and undertakes that he is responsible for these transactions, that he is responsible in advance for these transactions, that he cannot make any objections and/or objections that he did not perform the works and transactions carried out in this way and / or that he will not abstain from fulfilling his obligations based on this defense or objection. it does.
• 4.9. The Member shall not use the Website in an unlawful and unethical manner, especially in the following cases:
• 4.9.1. Using the Website for the purpose of creating a database, record or directory on behalf of any person;
• 4.9.2. Using the whole or part of the Website for the purpose of disrupting, altering or reverse engineering;
• 4.9.3. Making transactions using false information or another person's information, creating unreal Membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, and the creation of these accounts in accordance with the Membership Agreement or in force. being used in violation of the legislation, unauthorized use of another Member's account, being a party or participant in transactions by impersonating another person or under a wrong name;
• 4.9.4. comment and scoring systems; Use for non-Site purposes, such as posting comments on the Website outside of the Website, or for purposes other than those used to manipulate systems;
• 4.9.5. Spreading a virus or any other harmful technology to the Website, the Website's database, any content on the Website;
• 4.9.6. Collecting any information about Members or Sellers, including e-mail addresses, without the consent of the persons concerned, or making other practices that would constitute a violation in accordance with the Law on the Protection of Personal Data No. 6698;
• 4.9.7. Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the Website or harm technical operation, automatic program, robot, web crawler, spider, data mining (data mining) on the Website without the prior written consent of DP. Using "screen scraping" software or systems such as ) and data crawling, and in this way copying, publishing or using all or part of any content on the Website without permission;
• 4.9.8. The use of the Services, the campaigns and advantages offered on the Website, for malicious purposes and for the purpose of providing unfair benefits, violating the campaign conditions in bad faith.
• 4.10. The Member is obliged to carry out the transactions on the Website in a way that does not technically damage the Website in any way. Member, all information, content, material and other content to be provided to the Website, any program, virus, software, unlicensed product, trojan horse, etc. that will harm the system. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent The Member also agrees that he will not enter the Account Page with robots or automatic login methods.
5. TERMINATION OF THE AGREEMENT
• 5.1. Any of the Parties may terminate this Membership Agreement unilaterally and without compensation at any time. In such a termination, the Parties shall mutually fully fulfill their rights and obligations arising up to the date of termination.
• 5.2. DP has the right to suspend, terminate, suspend, suspend and pursue the membership in case it finds out that the Member has violated any article of this Membership Agreement or has a reasonable suspicion regarding this.
6. PRIVACY AND PROTECTION OF PERSONAL DATA
• 6.1. DP attaches importance to the processing, security and protection of the personal data provided by the Member through the Website in accordance with all kinds of legislation, including the Law on the Protection of Personal Data No. 6698, in order to benefit from the Services offered on the Website. In this context, DP collects, uses, transfers and processes the personal data provided by the Member in accordance with the Privacy and Personal Data Protection Policy and the Cookie Policy on the Website. The Member can always review the Privacy and Personal Data Protection Policy on the Website in order to obtain more information on the conditions regarding the use of his personal data and his rights in this matter, and by sending an e-mail to info@Agaoptik.com as specified here, or He understands that he can use it with other methods specified in the Application Form on the website.
• 6.2. Personal data shared by the Member in order to create a Membership on the Website or to benefit from the Website; Obligations determined by the Membership AgreementThe performance of the services, the execution of the applications required for the operation of the Website, the provision and presentation of various advantages to the Member or the Visitor, the realization of the payment transactions, the delivery of the orders, the customer service and the follow-up of the complaints and the Member-specific advertising, sales, marketing, surveys, All kinds of electronic communication for similar purposes, profiling, statistical studies are collected, stored and processed by DP or its business partners in accordance with the Privacy and Personal Data Protection Policy and Cookie Policy. In addition, these personal data will be shared with Ağa Optik and its affiliates in order to communicate with the Member, provided that the obligations arising from the Personal Data Protection Law No. (For detailed information about Ağa Optik and its subsidiaries; www.Agaoptik.com).
7. INTELLECTUAL PROPERTY RIGHTS
The Agaoptik.com brand and logo, the design, software, domain name of the Agaoptik.com mobile application and the Website and all kinds of trademarks, designs, logos, trade dress, slogans and all other content created by DP in relation to them are all intellectual property It is the property of DP with its right. The member cannot use, share, distribute, display, reproduce or make derivative works from the intellectual property rights of DP or its affiliates without the permission of DP. The Member may not use the whole or part of the Agaoptik.com mobile application or Website in any other environment without the consent of DP. In the event that the Member acts in violation of the intellectual property rights of third parties or DP, the Member is obliged to compensate all direct and indirect damages and expenses of DP and/or the said third party.
8. CONTRACT CHANGES
DP, at its sole discretion, may comply with this Membership Agreement and any policies, terms and conditions, including the Privacy and Personal Data Protection Policy and Cookie Policy on the Website, at any time it deems appropriate, to the provisions of the applicable legislation. may change it unilaterally by posting it on the Website, provided that it is not contrary to it. The amended provisions of this Membership Agreement will become effective on the date they are announced on the Website, and the remaining provisions will remain in effect and continue to have their provisions and consequences. For the avoidance of doubt, this Membership Agreement cannot be changed unilaterally by the Member.
9. FORCE MAJEURE
Employer-employer disputes, including riots, embargoes, government intervention, riots, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renovation works, and Failures, power cuts, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters that may occur due to any reason, or other events beyond the control of DP, which are not caused by its fault and cannot be reasonably foreseen ("Force Majeure") DP' If it prevents or delays the performance of its obligations arising from this Membership Agreement, DP cannot be held responsible for its obligations that are prevented or delayed as a result of Force Majeure, and this cannot be considered as a violation of this Membership Agreement.
10. MISCELLANEOUS PROVISIONS
• 10.1. Evidence contract. The Member agrees that in disputes that may arise from this Membership Agreement, DP's official books and commercial records and e-archive records, electronic information, electronic correspondence and computer records kept in DP's database and servers will constitute binding, definitive and exclusive evidence and that accepts that the article is in the nature of an evidential contract within the meaning of article 193 of the Code of Civil Procedure No. 6100.
• 10.2. Applicable Law and Dispute Resolution. This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of Istanbul Central (Çağlayan) Courts and Enforcement Offices.
• 10.3. Notification DP will communicate with the Member via the e-mail address that the Member has declared while registering, or by calling the phone number and sending an SMS. The member is obliged to keep his e-mail address and phone number up to date.
• 10.4. Integrity and Severability of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid, unenforceable or unreasonable.To the extent that it is invalid, unenforceable or unreasonable, this Membership Agreement shall be deemed severable and the other provisions shall remain in full force and effect.
• 10.5. Transfer of Membership Agreement. The Member may not assign its rights or obligations in this Membership Agreement, in whole or in part, without the prior written consent of DP.
• 10.6. Amendment and Waiver. Failure of a Party to exercise or exercise any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such right.
Consisting of 10 (ten) articles, this Membership Agreement has entered into force by being approved by the Member in electronic environment after reading and fully understanding each of its provisions.