ARTICLE 1- PARTIES AND DEFINITIONS
This Membership Agreement (“Agreement”); Eysuşen Moda Tekstil San. ve Tic. Limited Company (“COMPANY”); It has been concluded between the website user who becomes a member by accepting the following conditions or the user who becomes a member of the applications installed on mobile devices (“Member”) to determine the conditions for the Member to benefit from the Services offered by the company.
Seller: Refers to the legal person who offers or sells the goods or services subject to electronic commerce through the platform.
Buyer: It refers to the natural or legal person who buys the goods or services subject to electronic commerce through the Platform or acts for the purpose of purchasing.
Service Provider: Refers to real or legal persons engaged in electronic commerce activities.
Intermediary Service Provider: Refers to the real or legal persons who provide the electronic commerce environment for the economic and commercial activities of others.
Services: Refers to the practices put forward by the company in order to enable the Members to perform the works and transactions defined in this Membership Agreement.
ARTICLE 2- SUBJECT OF THE AGREEMENT
ARTICLE 3 – RIGHTS AND OBLIGATIONS OF THE PARTIES
The member declares and undertakes that the personal and other information he/she provides while becoming a member of the “www.allsences.com” website is correct before the law, and that the COMPANY will indemnify all damages incurred due to the untrueness of this information.
The MEMBER cannot give the password given to him by the COMPANY to other persons or organizations, the member has the right to use the password in question. For this reason, the COMPANY reserves the right to claim all kinds of compensation and other claims arising from such unauthorized use, against all claims and demands that may be brought against the COMPANY by third parties or authorized authorities.
The Member accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them while using the "www.allsences.com" website. Otherwise, all legal and penal obligations to arise will bind the member completely and exclusively.
The member may not use the "www.allsences.com" website in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, infringing on the intellectual and copyright rights of others. In addition, the member cannot engage in activities and transactions that prevent or make it difficult for others to use the services.
The ideas and thoughts expressed, written and used by the members on the “www.allsences.com” website are completely the personal views of the members and bind the owner of the opinion. These views and thoughts have no interest or connection with the COMPANY. The COMPANY does not have any responsibility for the damages that the member may incur due to the ideas and opinions expressed by the member, and the damages that the member may suffer due to the ideas and opinions expressed by the third parties.
The COMPANY shall not be liable for unauthorized reading of member data and for any damage to member software and data. The MEMBER has agreed in advance not to demand any compensation from the COMPANY for any damage it may incur due to the use of the “www.allsences.com” website.
The MEMBER has agreed not to access or use other internet users' software and data without permission. Otherwise, the legal and penal responsibilities arising from this will belong to the member completely.
The member who violates one or more of the articles listed in this membership agreement is personally liable criminally and legally for this violation and will keep the COMPANY free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the COMPANY reserves the right to claim compensation against the member for non-compliance with the membership agreement.
The COMPANY always has the right to unilaterally delete the membership of the member and delete the files, documents and information of the customer when necessary. The member accepts this savings in advance. In this case, the COMPANY has no responsibility.
The software and design of the "www.allsences.com" website is the property of the COMPANY, and the copyright and/or other intellectual property rights regarding them are protected by the relevant laws, and they cannot be used, acquired or changed by the member without permission. Other companies and their products mentioned on this website are trademarks of their owners and are also protected by intellectual property rights.
The name and Internet Protocol (IP) address of the Internet service provider used by the COMPANY for the improvement and development of the "www.allsences.com" website and/or to access the site within the framework of legal legislation, the date and time the site was accessed, the pages accessed while on the site, and Some information may be collected, such as the Internet address of the Web site, which provides a direct connection to the site.
The COMPANY, when the member's personal information is requested as a legal obligation or (a) to act in accordance with legal requirements or to comply with legal proceedings notified to the COMPANY; (b) The COMPANY and the "www.allsences.com" website may disclose if it believes in good faith that it is necessary to protect and defend the rights and property of its family.
Measures have been taken to ensure that the “www.allsences.com” website is free of viruses and similar software. In addition, in order to ensure ultimate security, the user must supply his own virus protection system and provide the necessary protection. In this context, by entering the "www.allsences.com" website, the member is deemed to have accepted that he is responsible for all errors that may occur in his own software and operating systems and their direct or indirect consequences.
The COMPANY reserves the right to change the content of the site at any time, to change or terminate any service provided to users, or to delete user information and data registered on the "www.allsences.com" website.
The COMPANY can change, update or cancel the terms of the membership agreement at any time, without the need for prior notice and/or warning in any form or form. Any provision changed, updated or repealed will be effective for all members at the time of publication.
The parties accept and declare that all computer records belonging to "www.allsences.com" will be taken as the sole and true exclusive evidence, in accordance with Article 193 of the HMK, and that the said records constitute a contract of evidence.
In accordance with this membership agreement, the COMPANY has the authority to send notification e-mails to its members' registered e-mail addresses and informing SMS's to their mobile phones, and the member has accepted to send notification e-mails to their e-mail address and information SMS to their mobile phone upon approval of this membership agreement. will be counted.
ARTICLE 4- USE FEE
Although no fee is charged for Site membership, if the Member wishes to benefit from the services on the Site, a separate distance sales contract will be signed between the Parties within the scope of these paid services.
Within the scope of “www.allsences.com” website, the COMPANY reserves the right to determine and change the fees for the services provided.
ARTICLE 5 – INTELLECTUAL PROPERTY RIGHTS
All proprietary or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method on the Site belong to the COMPANY and are under the protection of national and international law. Visiting the site or using the services on the site does not give any rights to the intellectual property rights in question.
The information on the site cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission.
ARTICLE 6 – FORCE MAJEURE
In all cases deemed as force majeure, the COMPANY cannot be held liable for late or incomplete performance or non-performance of any of its obligations specified in the Contract. These and similar situations will not be deemed as delay, under-performance, non-performance or default for the COMPANY, or no compensation can be claimed from the COMPANY under any name. force majeure; Including, but not limited to, natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur due to this, power outages and bad weather conditions that are beyond the reasonable control of the relevant party. will be interpreted as events.
ARTICLE 7- AMENDMENTS TO THE CONTRACT
The COMPANY can change the services offered on the Site and the terms of the Agreement, in whole or in part, at any time. Changes will be effective from the date of publication on the Site. It is the responsibility of the Member to follow the changes. By continuing to benefit from the services offered, the member is deemed to have accepted these changes.
ARTICLE 8- TRANSFER OF THE AGREEMENT
The COMPANY can provide the services it offers on the Site itself, as well as receive support from contracted institutions/organizations. The member declares, accepts and undertakes that he/she has given his/her consent to this issue in advance. Members accept, declare and undertake that they will not transfer and/or assign their rights, receivables and obligations arising from the Contract to third parties due to the nature of the services provided by the COMPANY on the site, and will not allow them to be used by third parties outside the Contract.
ARTICLE 9 - PRIVACY
All data belonging to the Member disclosed to the COMPANY in writing and/or verbally by the Member and/or learned within the scope of the work carried out by the Parties shall be protected under this confidentiality clause.
None of the provisions of this Agreement will be applicable if the confidential information is already known and/or the confidential information becomes public without any breach of the confidentiality rule by the COMPANY without requiring the responsibility of the COMPANY.
In addition, if confidential information is requested based on the laws in force and/or the authority of the Personal Data Protection Board and/or the stock market or a similar regulatory agency or a court decision, the Member will be informed first by the COMPANY and then this information will be provided to the Member. Necessary warnings about the confidentiality of this information will be given to those who request it and necessary precautions will be taken.
Member, in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and related legislation, promotion, advertisement, campaign, promotion, announcement, etc. The Company declares, accepts and undertakes that it approves the communication of the COMPANY with him via electronic media, limited to its use within the scope of marketing activities.
ARTICLE 10 - PROTECTION OF PERSONAL DATA
In accordance with the Law on the Protection of Personal Data No. 6698, the Member has the right to declare/transfer/transmit to the COMPANY the Personal Data/Personal Data, the details of which are clearly stated within the scope of the Clarification Text on the Protection and Processing of the Personal Data (“Information”). Eysuşen Moda Tekstil San. ve Tic. Limited Company reads, examines, evaluates and understands the Clarification Text on the Protection and Processing of Personal Data in the annex of this Agreement regarding the processing and/or transfer of it within the scope of the purposes specified in the Information, and that the Personal Data/Personal Data is processed as stated above within the scope of KVKK. and/or transferring no social, financial, psychological etc. express consent and consent without coercion; It declares, accepts and undertakes that I am aware of my rights granted to it within the scope of KVKK and that it consents to the processing of its Personal Data by the COMPANY and to its sharing with the above-mentioned persons within the framework of the above information that it has read and understood its content.
ARTICLE 11 - DURATION
The Agreement begins with the individual's qualification as a member, and remains in effect for the period of the Member's deletion, provided that the Service Provider terminates the Member's membership for just cause.
ARTICLE 12 - NOTIFICATION
The member will be contacted via the e-mail address and/or phone they provided when registering, or through the general information on the site. Communication by e-mail takes the place of written communication. It is the responsibility of the Member to keep the e-mail address up to date and to regularly check the site for information. The Member accepts, declares and undertakes that the notifications to be sent to the specified e-mail address will be valid whether they have been received or not.
ARTICLE 13- APPLICABLE LAW AND AUTHORIZED COURT
Turkish Law is valid in the resolution of disputes arising from the application and interpretation of the Agreement, and Istanbul Courthouse courts and enforcement offices.
ARTICLE 14- PARTIAL INVALIDITY
If any of the articles of this Agreement is deemed invalid or cancelled, this will not affect the validity of the other articles of the Agreement.
ARTICLE 15 – ENFORCEMENT
The Member accepts, declares and undertakes that he has read, understood and accepted this Agreement, which consists of 6 (six) pages and 15 (fifteen) articles, and confirms the accuracy of the information provided. The Agreement entered into force mutually and indefinitely with the approval of the Member.
Annex – 1: Preliminary Information Form
Annex – 2: Clarification Text on the Protection and Processing of Personal Data