**THIS IS A SAMPLE. PLEASE ADJUST IT TO SUIT YOUR OWN WEBSITE BEFORE USE**
MEMBERSHIP AGREEMENT
Please read these 'site terms of use' carefully before using our website.
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 linked pages ("site") belong to and are operated by ……………………… company located at ………………………………. address ("Company"). You ("User") acknowledge that by using all services offered on the site, you are subject to the following terms, and by benefiting from and continuing to use the services on the site; you have the right, authority, and legal capacity to sign a contract under the applicable laws, are over 18 years old, have read, understood, and agreed to be bound by the terms written in this agreement.
This agreement is indefinite in duration and imposes rights and obligations related to the site subject to the agreement on the parties. By accepting/confirming this agreement online or in writing, the parties declare and undertake that they will fulfill the mentioned rights and obligations fully, correctly, and timely under the conditions requested in this agreement.
1. RESPONSIBILITIES
The company reserves the right to make changes to prices and the products and services offered at any time.
The company commits that the member will benefit from the contracted services except for technical failures.
The user agrees that they will not reverse engineer the site or perform any other process aimed at finding or obtaining the source code; otherwise, they accept liability for damages arising towards third parties and that legal and criminal actions will be taken against them.
The user acknowledges that they will be solely responsible for any damages arising from incomplete or incorrect information provided during membership registration. If incorrect information is given and this agreement is violated by the member, the company may terminate the membership unilaterally without any notice or warning.
Information such as the name of the Internet service provider used to access the site, Internet Protocol (IP) address, date and time of access to the site, pages accessed during the visit, and the Internet address of the website that directly links to the site may be collected for site improvement, development, and/or within the framework of legal regulations. The user consents to the collection of such information.
The user agrees not to produce or share any content that is against public morality and decency, illegal, infringes on the rights of third parties, misleading, aggressive, obscene, pornographic, violating personal rights, infringing copyrights, or promoting illegal activities in any part of the site or communication within the site. The user shall be solely responsible for any damages arising from such actions. In such cases, the 'Site' authorities reserve the right to suspend, terminate such accounts, and initiate legal proceedings. They also reserve the right to disclose information about the activity or user accounts to judicial authorities when requested.
Relations between site members or with third parties are the sole responsibility of the members.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. All registered or unregistered intellectual property rights such as titles, trade names, trademarks, patents, logos, designs, information, and methods on this Site belong to the site operator and owner company or the designated party, protected by national and international law. Visiting this Site or using the services on this Site does not grant any rights related to these intellectual property rights.
2.2. Information on the Site cannot be reproduced, published, copied, presented, and/or transferred in any way. The whole or any part of the Site cannot be used on another website without permission. In case of such a violation, the user will be responsible for compensating the company for the damages claimed by third parties, court costs, attorney fees, and all other obligations without limitation.
3. CONFIDENTIAL INFORMATION
3.1. The company will not disclose personal information transmitted by users via the site to third parties. Such personal information includes any information identifying the User such as name, address, phone number, mobile number, email address, and will be referred to as "Confidential Information."
3.2. The user agrees and declares that for marketing activities such as promotion, advertising, campaigns, promotions, announcements, etc., the company owning the Site may share their contact, portfolio status, and demographic information with its affiliates or group companies, and that they consent to receiving electronic communications in this context. This personal information may be used within the company to define customer profiles, offer promotions or campaigns suitable for the customer profile, and conduct statistical studies.
3.3. The user has the right to cancel the consent given by this agreement at any time without any reason. The company shall process the cancellation 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 in cases where such information is duly requested by official authorities and disclosure is mandatory according to applicable mandatory legal provisions.
4. DISCLAIMER OF WARRANTY:
THIS ARTICLE OF THE AGREEMENT 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 DO NOT INCLUDE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO 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 notice.
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 resulting from negligence.
6. FORCE MAJEURE
If the obligations under this agreement cannot be fulfilled due to causes beyond the control of the parties such as natural disasters, fire, explosions, civil wars, wars, uprisings, popular movements, mobilization declarations, strikes, lockouts, epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as "Force Majeure"), neither party shall be held responsible. The rights and obligations arising from this Agreement shall be suspended during this period.
7. INTEGRITY AND ENFORCEABILITY OF THE AGREEMENT
If any term of this agreement becomes invalid, partially or fully, the remainder of the agreement shall continue to be valid.
8. CHANGES TO THE AGREEMENT
The company may change the services offered on the site and the terms of this agreement partially or wholly at any time. Changes will become effective as of the date they are published on the site. It is the user's responsibility to follow these changes. By continuing to use the services, the user is deemed to have accepted these changes.
9. NOTIFICATION
All notifications related to this agreement will be sent via the company’s known email address and the email address provided by the user in the membership form. The user accepts that the address provided during membership is the valid notification address and undertakes to notify the other party in writing within 5 days in case of any changes; otherwise, notices sent to this address shall be deemed valid.
10. EVIDENCE AGREEMENT
In any disputes arising from transactions related to this agreement between the parties, the books, records, documents, computer records, and fax records of the parties shall be accepted as evidence pursuant to the Turkish Code of Civil Procedure numbered 6100. The user agrees not to object to these records.
11. DISPUTE RESOLUTION
The courts and enforcement offices of Istanbul (Central) Judicial Court shall have jurisdiction over any disputes arising from or related to the implementation or interpretation of this agreement.
Dear Customers, Potential Customers, and Website Visitors, as {TITLE TO BE INSERTED HERE} ("" or "Company"), we place great importance on the protection of your personal data. Within this scope, pursuant to the Personal Data Protection Law No. 6698 ("PDPL"), we would like to inform you about your personal data and processing procedures as the "data controller".
WHAT PERSONAL DATA IS PROCESSED
Your identification information (Full Name, Date of Birth, Turkish ID Number)
Your contact information (Address, email address, phone number)
Details related to your usage of the Site (Your behaviors on the Site, transactions, preferences, visited products, etc.)
Your assigned Username and Password
Your company information (Company name, phone, address)
Upon the conclusion of the ……… Agreement;
Your identification information (Full Name, Date of Birth, Turkish ID Number)
Your contact information (Address, email address, phone number)
If you request an invoice and share with us (Turkish ID Number, Tax ID Number)
If you make payment by credit card, processing for sending to the Payment Institution
In case the payment method selected is bank transfer, Bank IBAN and bank-related information you use,
If You Are a User;
Your assigned Username and Password
Your company information (Company name, phone, address)
Records of services provided by our Company (Request and Complaint Management)
Records generated with the form received related to your complaints
In case you are a user, within the framework of the electronic commerce system we provide, the data processing status is held for the purpose of ………. without determining the processing purposes and means, only storage and information related to your customers generated by system usage,
If You Give Permission for Electronic Commercial Communication;
Your identification information (full name,)
Your contact information (address, email address, phone number)
Details related to your usage of the Site (Your behaviors on the Site, transactions, preferences, visited products, etc.)
Your marketing-related information (Date of birth, Site usage, shopping habits, demographic member/user/customer information such as address and habits, every kind of product and service related shopping habits-preferences, likes and related comments, utilized campaigns, surveys, etc., contents, invoice contents, payment methods (cash, credit card, etc.) and payment details (installment amounts, etc.), old and new mobile/home/work phone/fax numbers, email addresses, identification information (cookies, web browser identifiers, 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, to resolve your problems and complaints and to be able to contact you if necessary, your identity and contact information,
To fulfill our obligations arising from legislation, to fulfill our other legal obligations primarily regarding information security with authorized public institutions and organizations, your identity, contact, invoice, shopping information,
In disputes arising from the contract, to use all kinds of rights for lawsuits, responses and objections against official institutions and organizations such as court, enforcement office, arbitration committee, your identity, contact, invoice, shopping information,
To distinguish the records we have created related to you in our system from records related to other customers, to enable you to benefit from post-sale operational processes without presenting an invoice/receipt, your identity and contact information
If you request the issuance of an invoice, your identity and invoice information for the purpose of issuing the invoice,
If you want to make a payment by credit card, your credit card information for the purpose of receiving the payment (credit card information is transferred to the payment institution without being recorded.)
To fulfill our retention obligations arising from legislation, your identity, shopping and invoice information
If You Are a User,
Within the scope of the User Complaint and Request Form to enable the improvement of our product and to respond to your requests instantly,
For the tracking of regular payments and for the management of electronic commerce environment with your account information, if provided to you,
For the sales you have made if you are a user, to ensure the operation of your e-commerce site,
To manage your requests within the scope of the services provided and to ensure the best service principle and to provide the best electronic commerce for Users,
For the management of your e-commerce site with our business partners to whom we transfer your data when requested or located on the website,
If You Give Permission for Electronic Commercial Communication
We process your identity, contact, shopping and marketing-related data for the purpose of creating/making general or personalized campaigns, advantages, promotions, advertisements, notifications, marketing activities, and to carry out any commercial communication activities directed at you.
METHOD AND LEGAL REASON FOR COLLECTING YOUR PERSONAL DATA
Your personal data is processed by {TITLE TO BE INSERTED HERE} based on your transactions on the Site, your requests and complaints, and your purchases, along with any kind of shopping, collection, delivery, transactions, survey completion, electronic commercial communication permission received by automatic methods or electronic systems on the Site.
{TITLE TO BE INSERTED HERE} collects your personal data based on the legal grounds of "processing personal data being necessary for the establishment and performance of a contract," "fulfillment of a legal obligation," and "processing of personal data being compulsory for the legitimate interests of the data controller" concerning the relevant processes on the Site; on the legal basis of "fulfillment of a legal obligation" regarding retention obligations arising from legislation; for users on the grounds of "processing personal data being necessary for the establishment and performance of a contract" and "processing of data being compulsory for the exercise of rights" concerning monitoring your requests and complaints; and based on explicit consent legal grounds in case you provide Electronic Commercial Communication Permission or for offering you new services with our business partners.
The existence of explicit consent; being clearly stipulated in other legislation applicable to our Company,
Being directly related to the establishment or performance of a contract, and the necessity of processing personal data belonging to the parties of the contract to provide requested products and services and to fulfill the obligations of the contracts you have signed,
Being compulsory to fulfill a legal obligation,
Being disclosed by the relevant person themselves,
Being mandatory for the establishment, exercise, or protection of a right by processing data,
Being mandatory for the legitimate interests of the data controller without damaging the fundamental rights and freedoms of the relevant person.
The presence of explicit consent; For personal data other than health data, explicit consent is not sought in legally stipulated cases,
Health-related personal data can only be processed without explicit consent of the relevant person by persons under confidentiality obligation or authorized institutions for the purposes of public health protection, preventive medicine, medical diagnosis, treatment and care services, and planning and management of health services and financing.
TRANSFER OF YOUR PERSONAL DATA
{TITLE TO BE INSERTED HERE} transfers your personal data;
With domestic and international business partners and service providers (call centers, services collecting personal data through devices, marketing consultancy, database, electronic communication service providers, consultancy, firms providing such services, etc.) domestically and abroad for IT technologies, marketing activities, or receiving consultancy requiring expertise and product/service support in the processes of personal data collection, and if domestic partners' servers are located abroad, abroad as well,
With our dealers and business partners for resolving your purchases and other product requests made through the Site,
To our business partners featured on and providing services on our site with your consent,
To authorized public institutions and organizations and judicial authorities for fulfilling our obligations to provide information and documents, and to exercise legal rights such as lawsuits and responses,
If you make payment by credit card, your credit card information is transferred to relevant banks, electronic payment institutions, or third parties providing services without recording by ………….. .
YOUR RIGHTS
Pursuant to Article 11 of the Law; through the methods specified 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 processing your 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 of your incomplete or inaccurately processed Personal Data,
To request deletion or destruction of your Personal Data within the framework of conditions stipulated in the PDPL legislation,
To request notification of third parties to whom your Personal Data has been transferred,
To object to a result against you arising solely from automated systems analyzing the processed data,
To claim compensation for damages incurred due to unlawful processing of Personal Data.
CONTACT
You can submit your applications to …… as the Data Controller via the email address allocated for these application procedures at ………………. from your registered email address in the System, or in writing to the address indicated below of ……….. (Please note that where the relevant request must be made according to specific legal procedures, such procedures should be followed.)
Address:
Phone: